03-23-15 Agenda. Packet & Committee Meeting Notice

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6JI P ()- 0-1st ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING COMPLIANCE WITH IC 36- 1 -12 -1 ET. SEQ, AND RENDERING FINAL APPROVAL OF A GUARANTEED ENERGY SAVINGS CONTRACT RELATING TO CENTURY CENTER, APPROPRIATING MONIES FROM CENTURY CENTER CAPITAL IMPROVEMENT FUND ( #671), ESTABLISHING A NEW FUND (NO. 672) TO BE KNOWN AS THE CENTURY CENTER ENERGY CONSERVATION DEBT SERVICE FUND, AND TAKING ALL OTHER ACTION IN CONNECTION THEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City ") is a political subdivision of the State of Indiana, and is authorized and empowered to adopt this Ordinance and to carry out its provisions. Pursuant to Ind. Code 36 -1 -12.5 the City received a proposal from Ameresco, Inc. (the "Qualified Provider ") to undertake certain energy conservation measures at the City's Century Center convention facility, including, but not limited to, (a) updated lighting, (b) replacement and/or renovation of the heat and air conditioning equipment, (c) replacement of the roof for the facility, (d) improved lighting and HVAC control systems, and (e) any projects related to any of the foregoing projects (clauses (a) through and including (e) collectively, the "Conservation Measure Projects "), which Conservation Measure Projects shall be undertaken by the Qualified Provider in accordance with the terms of an Energy Services Agreement by and between the City and the Qualified Provider (the "Qualified Provider Agreement "). On August 11, 2014 this Council approved the Qualified Provider Agreement which was Exhibit A to Resolution No. 4382 -14, subject to "such changes such as may be suggested by the City's Department of Law." The City's Department of Law suggested changes to the Qualified Provider Agreement and the final version of the Qualified Provider Agreement with those changes agreed to by the City Department of Law was approved by the Board of Public Works in Resolution No. 08 -2015 at a public meeting held February 24, 2015. The final Qualifed Provider Agreement is attached hereto as Exhibit 1, and the Board of Works Resolution approving it is attached hereto as Exhibit 2. The City's Department of Law believes Exhibit 1 hereto to be consistent with and in conformity with the legal requirements of IC 36 -1 -12.5. Since August 11, 2014, the Qualified Provider completed an energy audit and delivered its Project Proposal for guaranteed energy savings at Century Center including a "Savings Guarantee" with "Measurement and Verification Plan," all as prescribed by Council Resolution #4382 -14 which have been incorporated as Attachments C and G respectively into the Qualified Provider Agreement, Exhibit I hereto.